Barbara McIssac

The court issued an endorsement regarding the costs of an application.

The respondent was awarded costs fixed at $7,500 on a partial indemnity basis, payable within one month.

The court applied the principle that costs should follow the event and relied on the Boucher framework to ensure the award was fair, reasonable, and within the parties' reasonable expectations.

The applicant, a deputy judge of the Small Claims Court, sought judicial review of the senior regional judge's decision not to renew his appointment upon his turning 75 years old.

The applicant argued that age was an irrelevant factor since the Courts of Justice Act does not prescribe a mandatory retirement age for deputy judges.

The Divisional Court dismissed the application, holding that the standard of review was patent unreasonableness and that the senior regional judge was entitled to consider age and the need to provide experience to younger judges as relevant factors in her administrative discretion.